Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(SC) 1129

SUPREME COURT OF INDIA
ARUN MISHRA, B.R. GAVAI, M.R. SHAH, JJ.
Yatinkumar Jasubhai Patel and Others – Appellants
Versus
State of Gujarat and Others – Respondents
Civil Appeal No. 7939 of 2019, SLP (C) No. 7003 of 2017, Writ Petition (C) Nos. 122, 1479 of 2018, 1142 of 2019
Decided On : 04-10-2019

Advocates:
Advocate Appeared:
For the Petitioner(s): Mr. Gaurav Agrawal,AOR Mr. Puneet Jain,Adv. Ms. Christi Jain,AOR Mr. Abhinav Gupta,Adv. Mr. Harsh Jain,Adv.
For the Respondent(s): Mr. A.P. Mayee,AOR Mr. A. Rajarajan,Adv. Mr. A. Selvin Raja,Adv. Mr. Sanjeev Kr. Choudhary,Adv.
For the MCI : Mr. Gaurav Sharma,AOR Mr. Dhawan Mohan,Adv. Mr. Prateek Bhatia,Adv. Mr. Prasanna Mohan,Adv. Mr. E.C. Agrawala,AOR Mr. Nikhil Goel,AOR Ms. Charu Mathur,AOR Ms. Hemantika Wahi,AOR Mr. Chirag M. Shroff,AOR Mr. Gurmeet Singh Makker,AOR Mr. Santosh Kumar-I,AOR Mr. Mohinder Jit Singh,AOR Mr. Harsh Kaushik,AOR

IMPORTANT POINT
Institutional Preference to the extent of 50% approved. Introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation.

Headnote:
Medical education - Admission to post graduate courses - Section 10D, MCI, Act and Post-Graduate Education Regulations, 2000 - NEET - Introduction of NEET has only made a single admission examination for whole country - No State or University can conduct separate examination - Regulations also requiring that 50% seats are filled up on merit drawn on “All India basis” and 50% seats are filled up on merit drawn on “State-wise basis” on the basis of NEET PG examination and as per State/university policy - The 50% seats are left open to State Government and Government Agency - Introduction of the NEET Scheme, as such, has nothing to do with the “Institutional Preference” which has been approved by Supreme Court time and again - Petitioners cannot be permitted to re-agitate the matter - Regulation providing 50% Institutional Preference/Reservation not ultra vires Section 10D of the MCI Act. (Para 9, 10, 11, 12)
Facts of the case:
The Division Bench has dismissed the writ petition upholding the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to the Post Graduate Medical Courses framed by the Gujarat University providing that the preference shall be given to the candidates graduating from the Gujarat University (providing for “Institutional Reservation”). The original writ petitioners have therefore preferred the special leave petition/appeal challenging the “Institutional Preference” in the Post Graduate Medical Courses.
Writ Petition (C) No. 1479 of 2018 has been preferred by the petitioners also challenging the policy of “Institutional Preference” for admission to the Post Graduate Medical Courses insofar as respondent no. 3-University of Delhi and respondent no. 4-Guru Gobind Singh Indraprastha University is concerned. Similar prayers are made in Writ Petition (C) No. 122/2018 and Writ Petition (C) No. 1142/2019 also challenging the policy of “Institutional Preference” in the Post-Graduate Medical Courses.
Finding of the Court:
Institutional Preference to the extent of 50% approved. Introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation.
Result: Appeals and petitions dismissed.

JUDGMENT :

M.R. SHAH, J.

1. Leave granted in the special leave petition.

2. The “Institutional Preference” for Post Graduate Medical Admissions is the core issue involved in these appeal/petitions.

3. Pursuant to the order passed by a two Judge Bench of this Court dated 12.09.2018, all these appeal/petitions are placed before the larger Bench.

4. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 22.02.2017 passed by the Division Bench of the High Court of Gujarat in Special Civil Application No. 19918/2016, by which the Division Bench has dismissed the said writ petition upholding the vires of Rules 2, 3, 4.1 and 4.3 relating to admission to the Post Graduate Medical Courses framed by the Gujarat University providing that the preference shall be given to the candidates graduating from the Gujarat University (providing for “Institutional Reservation”) the original writ petitioners have preferred the special leave petition/appeal. Thus, the original writ petitioners are challenging the “Institutional Preference” in the Post Graduate Medical Courses.

4.1 Writ Petition (C) No. 1479 of 2018 under Article 32 of the Constitution of India has been preferred by the petitioners also challenging the policy of “Institutional Preference” for admission to the Post Graduate Medical Courses insofar as respondent no. 3-University of Delhi and respondent no. 4-Guru Gobind Singh Indraprastha University is concerned. Similar prayers are made in Writ Petition (C) No. 122/2018 and Writ Petition (C) No. 1142/2019 also challenging the policy of “Institutional Preference” in the Post-Graduate Medical Courses.

4.2 For the sake of convenience, Civil Appeal arising from Special Leave Petition (C) No. 7003/2017 arising out of the impugned judgment and order dated 22.02.2017 passed by the High Court of Gujarat is treated and considered as a lead matter and the relevant rules of the Gujarat University relating to admission to the Post Graduate Medical Courses framed by the Gujarat University are considered.

5. In exercise of powers under Section 39 read with Section 32 of the Gujarat University Act, 1949, the Gujarat University has framed the rules for the purpose of governing admission to Post Graduate Courses. The relevant Rules are Rules 2, 3, 4.1, 4.2 and 4.3, which read as under:

“2. As per directive of Hon’ble Supreme Court of India, New Delhi, 50% of total available seats in Academic year in various post graduate degree and diploma courses in each subject in Government Institution/Colleges will be filled up as a All India Quota Seats as per All India 50% quota rank by competent authority. The remaining seats will be available for the candidates passing from Gujarat University in accordance with Rule 4.1. The student passing from other statutory Universities within Gujarat State will be considered as per their merit in accordance with Rule 4.3.
3. Remaining 50% (or more) of total seats after Rule 2.0 (and Rule 2.1) in post graduate courses will be filled up by the “Admission Committee” of University.
4.0 Selection: Selection of candidates eligible under rule 1 for seats under rule 3.0 will be done category and status wise on the basis of merits as laid down herein further.
4.1 Preference shall be given to candidates graduating from Gujarat University.
4.2 Deleted.
4.3 After the merit list prepared under Rule 4.1 is exhausted the candidates graduating from any other University located in Gujarat State will be considered.”
5.1 As per the aforesaid Rules, 50% of the total available seats in the academic year in various Post Graduate Degree and Diploma Courses in each subject in Government Institution/Colleges will be filled up as “All India Quota Seats” by competent authority and the remaining seats will be filled up in accordance with Rule 4.1 of the Rules of the University. As per Rule 3 of the Rules, remaining 50% of the total seats in Post Graduate Courses will be filled up by the “Admission Committee” of University. As per Rule 4.3 of t

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2019 Supreme(SC) 1129

SUPREME COURT OF INDIAARUN MISHRA, B.R. GAVAI, M.R. SHAH, JJ.Yatinkumar Jasubhai Patel and Others – AppellantsVersusState of Gujarat and Others – RespondentsCivil Appeal No. 7939 of 2019, SLP (C) No. 7003 of 2017, Writ Petition (C) Nos. 122, 1479 of 2018, 1142 of 2019Decided On : 04-10-2019

IMPORTANT POINTInstitutional Preference to the extent of 50% approved. Introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation.

Cases Referred (8)

IMPORTANT POINT
Institutional Preference to the extent of 50% approved. Introduction of the NEET Scheme shall not affect such Institutional Preference/Reservation.